Kendall and Bexar County Estate Planning
Texas Estate Planning Blog
Shawn McCammon is the founder and managing shareholder of McCammon Law. Shawn has been practicing for over 20 years, starting off in litigation before working in-house as a corporate attorney, and finally opening his own firm in 2009.
A health crisis can change everything overnight. When a loved one can no longer make decisions, families are often left trying to figure out what to do next.
In many cases, the real challenge is not the medical issue, it’s disagreement. Different opinions about care, finances, and responsibility can create tension at the worst possible time. Without a clear legal plan, those disagreements can delay important decisions.
Most disagreements don’t come from a lack of care. They come from different perspectives.
One family member may focus on extending life at all costs. Another may prioritize comfort and quality of life. Someone providing daily care may feel overwhelmed, while others may question those decisions from a distance.
Financial pressure can also play a role. Caregiving often brings real costs, and those costs can influence how decisions are made.
These situations are common, and without clear authority, they can escalate quickly.
The answer depends on whether proper estate planning documents are in place.
If you have a Medical Power of Attorney, you have already chosen who can step in and make healthcare decisions for you. This document gives that person legal authority to act if you are unable to do so.
That clarity matters. It reduces confusion and helps avoid competing opinions during stressful moments.
If no document exists, families are often left trying to agree. Sometimes they can. Other times, disagreements lead to delays or even legal action.
If no agreement can be reached, the situation may move into guardianship.
Guardianship is a court process where a judge appoints someone to make decisions for a person who can no longer manage their own affairs. This may include medical care, finances, and living arrangements.
It is a serious step because it removes certain rights from the individual. The process often involves medical evaluations and court oversight.
Family conflict can complicate things further. If multiple people disagree about who should serve or what decisions should be made, the court will decide based on what it believes is in the person’s best interest.
In some cases, that may mean appointing a neutral third party instead of a family member.
Most families would prefer to avoid court involvement altogether. The best way to do that is to plan ahead.
A well-structured estate plan does more than pass down assets. It gives clear instructions and assigns decision-making authority before a crisis happens.
Important tools often include:
When these documents are in place, your family has guidance. They are not left guessing about your wishes or debating who should be in charge.
If you own a business or manage significant assets, planning becomes even more important.
A period of incapacity can affect more than healthcare. It can interrupt business operations, delay financial decisions, and create uncertainty for employees and family members.
Clear legal authority allows someone you trust to step in and keep things moving. It also helps reduce the risk of disagreements that could impact both your personal and professional life.
If your family is already facing disagreement, it may be time to speak with a guardianship lawyer in Texas.
An attorney can help you understand whether guardianship is necessary or if there are other options to consider. Every situation is different, and the right approach depends on your family’s circumstances.
If you are planning ahead, this conversation can be much simpler. Putting the right documents in place now can help your family avoid difficult legal decisions later.
Medical decisions are hard enough without added conflict. Clear planning helps your family focus on what matters, care, support, and making informed choices.
At McCammon Law, P.C., we work with families in Boerne, New Braunfels, and San Antonio to create estate plans that address real-life situations like these. The goal is to provide clarity, reduce uncertainty, and help families move forward with confidence.
If you are unsure whether your current plan covers these situations, it may be time to review your options. Request a consultation today if you need help with guardianship in Texas.
References: AARP (Feb. 8, 2022) “How Caregivers Can Stop Arguing About Money” and Get the Coast (March 5, 2026) “What families need to know about Guardianship: Local Attorney Whitney Smith explains the process”
Boerne/San Antonio Office
602 Frey Street,
Boerne, TX 78006
Office Hours
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Friday: by appointment only
closed during lunch at 12:30pm-1:30pm
